[2018] KEELRC 99 (KLR)
The court found that the parties had reached agreements forming the basis for the CBA negotiations, as evidenced by signed minutes between the shop steward and the respondent. The court emphasized that shop stewards are legitimate representatives under the Labour Relations Act and that the CBA should be concluded in...
Source-derived case information.
- Citation
- [2018] KEELRC 99 (KLR)
- Parties
- Applicant: Kenya Union of Commercial, Food and Allied Workers; Respondent: Ruchu Gacharage Farmers Co-operative Society Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 6 of 2018
- Procedural Posture
- Labour Cause / Ruling
- Outcome
- settled
- Judges
- AN Makau
- Legal Topics
- Collective Bargaining Agreements, Union Representation, Labour Relations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kenya Union of Commercial, Food and Allied Workers
Applicant
Ruchu Gacharage Farmers Co-operative Society Limited
Respondent
Procedural Posture
Labour Cause / Ruling
Legal Issues
- 1 Whether the parties have complied with the negotiation and conclusion of the Collective Bargaining Agreement (CBA).
- 2 Whether the report of the CPMU requires a court order for access.
Ratio Decidendi
The court found that the parties had reached agreements forming the basis for the CBA negotiations, as evidenced by signed minutes between the shop steward and the respondent. The court emphasized that shop stewards are legitimate representatives under the Labour Relations Act and that the CBA should be concluded in accordance with the agreements and court directions. The court further clarified that obtaining the CPMU report does not require a court order. Consequently, the matter was marked as settled and the parties were directed to process the CBA as required by law.
Court Disposition
settled
Orders
- The matter is marked as settled.
- The CBA to be processed as required.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT NYERI
CAUSE NO. 6 OF 2018
KENYA UNION OF COMMERCIAL,FOOD AND
ALLIED WORKERS.................................................................CLAIMANT
VERSUS
RUCHU GACHARAGE FARMERS CO-OPERATIVE
SOCIETY LIMITED............................................................RESPONDENT
RULING
The partes CBA was to be negotiated on basis of agreements reached part of which were contained in some minutes signed between the Shop steward and the Respondent. Shop steward under the Labour Relations Act are representatives of the Union and articulate issues for members of staff who are unionsable. As the CBA is to be negotiated parties are urged to conclude the CBA as per directions given by Court. The report of the CPMU can be sought as that does not require a Court Order. The matter is marked as settled. CBA to be processed as required.
It is so ordered.
Dated and delivered at Nyeri this 11th day of December 2018
Nzioki wa Makau
JUDGE